The High Court acquitted and discharged Abdoulie Sanyang on all criminal charges, including a decade-old arson allegation and claims of interfering with the judiciary.
In his Judgement Justice Jaiteh stated that the State failed to cross the high hurdle of “proof beyond a reasonable doubt,” emphasising that “suspicion, no matter how strong, cannot take the place of proof”.
The first count against Abdoulie Sanyang related to the August 2016 burning of the APRC Bureau in Kanifing. While Justice Jaiteh acknowledged that the building was indeed set on fire by masked, armed assailants, the prosecution could not prove Abdoulie Sanyang’s involvement.
The State’s case relied heavily on a radio interview where Abdoulie Sanyang allegedly admitted to financing the act. However, Justice Jaiteh noted flaws in the prosecution’s evidence.
Justice Jaiteh emphasised that under cross-examination, investigating officers admitted they found no financial records or documentary evidence linking Abdoulie Sanyang to the crime.
Also, the sole eyewitness, a police officer on duty that night, testified he could not identify any of the perpetrators while Abdoulie Sanyang maintained that his statements were misinterpreted and denied the authenticity of police cautionary statements.
“The lingering doubt as to the Accused’s participation is not speculative; it arises from the absence of independent corroborative evidence required by law,” the Judge noted.
Regarding the second count; Interference with Judicial Proceedings the State alleged that Abdoulie Sanyang’s description of the courts as “clandestine” and “controlled” during a West Coast Radio interview was capable of prejudicing the trial of Ousainou Bojang.
Justice Jaiteh disagreed, stating that in a non-jury system, professionally trained judges are expected to decide cases based solely on law and evidence, not public commentary.
Justice Jaiteh found that Abdoulie Sanyang’s remarks fell within the realm of fair criticism and the constitutional right to freedom of expression.
Justice Jaiteh stated that the State failed to show that any judicial officer was intimidated or that any party to the Ousainou Bojang trial suffered a disadvantage due to the broadcast. Also, there was no evidence that Abdoulie Sanyang intended to obstruct or derail the administration of justice.
Justice Jaiteh defended the principle that “justice is not a cloistered virtue”.
Immediately following the verdict, State Counsel S. L. Jobarteh notified the court of the State’s intention to appeal and requested that Abdoulie Sanyang be remanded in custody since he is a resident of Switzerland.
Defence Counsel K. Jallow opposed the detention, arguing that Sanyang is now a “free man in law”.
Justice Jaiteh overruled the State’s objection, invoking his discretionary powers to grant Abdoulie Sanyang a bail bond of D50,000 with one Gambian surety to deposit their National ID Card.
Justice Jaiteh stated that the bail will lapse in 30 days if the State fails to file a formal petition of appeal.
